THE PUNJAB FERTILIZERS (CONTROL) ORDER,
1973
( VII OF 1973)
[10th
August, 1973]
NOTIFICATION
No. SO(ECB) -
Ferti - 73(1)-- In exercise of the powers conferred by Section 3 of the Punjab
Essential Articles (Control) Ordinance, 1973 (Punjab Ordinance No. VII of
1973), The Governor of the Punjab is pleased to make the following Order:
1.
Short title
and commencement:- (1) This Order
may be called the Punjab Fertilizers ( Control) Order, 1973.
(2)
It extends to the whole of the Province of the Punjab.
(3)
It shall come into force at once.
2.
Definitions:-
In this Order, unless the context otherwise requires, the following
expressions shall have the meaning hereby respectively assigned to them, that
is to say:
[[1]](a)
“adulterated” when used with reference to a fertilizer means fertilizer the
nutritional strength or purity of which falls
below the professed standard or quality mentioned on its label or under
which it is sold ;
[1] (b)
“dealer” means a person or an association of persons carrying on the business
of selling any brand of fertilizer whether wholesale or retail;
[2] (bb)
“fertilizer” means any material, organic or inorganic, or mixture used to
supply one or more of the essential plant nutrient elements.
[1] (c) “importer” means
a person or an association of persons
importing into the Punjab whether under an import licence or otherwise, any
brand of fertilizer from outside the Punjab and includes a buying agent, an
indentor and a manufacturer’s agent; and
[1] (d) “producer” means
a person or an association of persons engaged in the manufacture or production
of any brand of fertilizer.
3.
Dealers:-
(1) The controller may, by notification in the Official Gazette, specify the
person or persons who shall be the dealer for the purposes of this Order and
thereupon, subject to subclause-(2), no importer or producer shall, except with
the prior permission in writing of the Controller, sell or otherwise dispose of
fertilizer to any person who is not such dealer.
(2)
The Controller may, by an order in writing require
any importer or producer to sell to such
dealer or dealers such quantity or quantities of fertilizer as may be specified
in the Order, and may issue incidental or supplementary instructions in writing
to any importer, producer or dealer in regard to the sale thereof as he thinks
fit.
4.
Maximum
Prices:- The Controller may, by notification in the official gazette, fix
the maximum price of fertilizer and no importer, producer or dealer shall sell
it at a higher price than the price so fixed.
5.
Information
to be furnished by importers:- (1) Every importer shall, within one week
from the date of his receiving
intimation of despatch of a consignment containing any fertilizer from
any place outside the Punjab, furnish to the controller, by registered post,
acknowledgement due, the following information in respect of that consignment:-
(a)
description and quantity of the fertilizer included in
the consignment; and
(b)
expected date and place of the arrival of the
consignment in the Punjab.
(2). Every importer
shall, within two weeks of the arrival of the consignment of fertilizer,
furnish to the Controller by registered post, acknowledgement due, the
following information in respect of the consignment:-
(a)
description and quantity of the fertilizer included in
the consignment;
(b)
landed cost of the fertilizer showing the CIF value,
customs duty and other incidental charges if any; and
(c)
indenting commission included in the invoiced value of
the consignment
6.
Information
to be furnished by producer:- Every producer shall furnish the following
information to the Controller, so as to reach him by the 10th day of each
calendar month:
(a)
description and actual quantity of each brand of
fertilizer produced in the preceding calendar month ; and
(b)
the actual or estimated cost of production of each
brand of fertilizer.
7.
Disposal of
fertilizer:- No importer or producer shall sell or otherwise dispose off
fertilizer of any brand, imported or, as the case may be, produced by him
without the instructions in writing in this behalf issued by the Controller.
8.
Fixing of
maximum quantity which may be held or sold:- The Controller may, by
notification in the official gazette, fix in respect of any fertilizer:
(a)
the maximum quantity which may at one time be held in
stock by an importer, producer, dealer or any other person ; and
(b)
the maximum quantity which may in any one transaction
be sold to any person.
9.
Duty to
declare possession of excess stock:- Any person having in his possession a
quantity of fertilizer exceeding that permitted by or under this order shall
forthwith report the fact to the Controller and take such action in respect of
the storage, distribution or disposal of the excess quantity as the controller
may direct.
10.
Cash
memorandum to be given on certain sales:- Every importer, producer and
dealer when selling fertilizer for cash shall give the purchaser a cash
memorandum containing particulars of the transaction and full address of the
purchaser.
11.
Marking of
prices and exhibiting price lists:- The Controller may, in writing direct
any importer, producer or dealer to mark fertilizer exposed or intended for
sale with the sale price or to exhibit on his premises a price list of
fertilizer held by him for sale and may further give directions regarding the
manner of sale.
[[2]]
(2) No dealer or person responsible for storage, distribution and sale of
fertilizers shall mix any particular type of fertilizer with any other type of
fertilizer or other extraneous material and no such person shall store or sell
under-weight bags of fertilizer, destroy, efface or alter or cause to be
destroyed, effaced or altered any label or mark fixed to any brand of
fertilizer indicating the price marked by an importer or producer
12.
Power to
order sale:- (1) The Controller may, by Notification in the official
gazette; direct dealer to sell fertilizer only to such persons as are
authorized by such competent authority as may be specified in the direction to
purchase.
(2)
the Controller, may by order in writing, direct any
importer or producer to sell, subject to other provision of this order, any
brand of fertilizer to such person or persons and in accordance with such
conditions as may be specified in the Order.
13.
Restriction
on movement:- The Controller may impose restrictions on movement of
fertilizer within or outside the Province of the Punjab.
14.
Refusal to
sell:- Subject to the provision of clause 8(b) of this Order, no importer,
producer or dealer shall, without sufficient cause or previous authorization of
the controller, refuse to sell to any person any fertilizer.
Explanation:- The possibility or
expectation of obtaining a higher price for any fertilizer at a later date
shall not be deemed to be sufficient cause for the purpose of this clause.
15.
Declaration
of godowns, store houses or ware houses
etc.:- (I) Every producer, importer, and dealer holding stock of fertilizer
shall, within two weeks of the publication of this Order, declare to the
Controller the place or places where such stock is kept or stored.
(2)
When any such importer, producer, dealer or other
person as aforesaid desires, to change the place or places of stock after he had made declaration under sub clause (I)
he shall bring to the notice of the Controller his intention to change the
place at least seven days before such change is effected.
16.
Maintenance
of records:- Every importer, producer and dealer shall maintain records of
all sales and purchases of fertilizer in such form as may be prescribed by the
Controller.
17.
Power to
search, inspect, etc.:- The Controller may, with a view to securing
compliance with this Order-
(a)
requiring any person to give such information as he
possesses with respect to any business in fertilizer carried on by that person
or any other person;
(b)
inspect or cause to be inspected any book or other
document belonging to or under the control of any person ; and
(c)
enter and search or authorise any person to enter and
search any premises and seize or to take into possession or authorize any
person to seize or to take into possession fertilizer [[3]]
{ and samples of fertilizers} in respect of which he has reason to believe that
a contravention of this Order has been or is being, or is about to be committed
and any records connected therewith.
[5] (d) apply for police
assistance or authorize any person to apply for police assistance and the
police officer to whom he applies shall provide such assistance as may be
necessary for the purpose of seizure or taking into possession fertilizer and
samples of fertilizer or the material mentioned in sub-clause (4) of clause 18,
for analysis.
18.
Sale of
adulterated and fake fertilizers:- [[4]]
[(1) No person shall sell or store for sale adulterated or spurious or fake
fertilizers.
(2)
No person shall produce, store for sale or sell
under-weight bags of fertilizers,
destroy, efface or alter or caused to be destroyed, effaced or altered any
label or mark fixed on any brand of fertilizers indicating the price marked by
an importer or producer.
(3)
Gypsum, chemical amendments, or such other material as
is not a standard fertilizer, shall not be manufactured, stored or offered for sale
in granular form.
[[5]]
[(4) No person shall manufacture, formulate, distribute, store, sell and offer
for sale zinc sulphate, growth regulators, soil amendments, soil conditioners
other micro nutrients and such other material which is not a standard fertilizer
but notified by the Agriculture Department, Government of the Punjab, as a
fertilizer, without obtaining a license from the Controller. ]]
[[6]]
(5) The license shall be granted under sub-clause (4) after compliance of the
prescribed standards of fertilizer and the procedure laid down by the
Agriculture Department, Government of the Punjab from time to time; and
(6)
No person shall import Zinc Sulphate, growth regulators
or micronutrients from overseas or from other provinces without obtaining
licence from the Controller for store, sale and offer for sale.
(7)
No person shall manufacture, store or offer for sale
agricultural grade Gypsum with less than 70% purity and thirty mesh size
(8)
A license granted under sub-clause (4) shall be
cancelled if the license holder is found guilty of malpractices involving
adulteration or any other activity repugnant to the provisions of this Order.
19.
Procedure of
Sampling:- Where a Controller takes a sample of a fertilizer for the
purpose of test or analysis, he shall intimate such purpose in writing in
Form-I to the person from whose possession he takes it and, in the presence of
such person (unless he wilfully absents himself), shall divide the sample into
three portions and effectively seal and suitably mark the same and permit such
person to add his own seal and mark to all or any of the portions so sealed and
marked;
Provided that:-
(1)
Where the fertilizer is packed in containers of small
volume, [[7]]{
i.e. 1 Litre or less,} instead dividing a sample as aforesaid, the Controller,
shall take three of the said containers after suitably marking the same and,
where necessary, sealing them; and
(2)
the Controller shall restore one portion of a sample so
divided or one container, as the case may be, to the person from whom he takes
it, and shall retain the remainder and dispose of the same as follows:-
(i)
He shall forthwith send one portion or container to the
Government fertilizer testing laboratory for test or analysis; and
(ii)
He shall send the second portion or container to the
Director Soil Fertility, Punjab, Lahore.
[10] 20. Government Fertilizer Testing
Laboratory:- (1) The Soil and Water Testing Laboratories for Research,
except at Lahore, shall function as fertilizer testing laboratories within
their areas of jurisdiction under the Administrative control of provincial set
up of Agriculture Department, Government of the Punjab and the Soil and Water
Testing Laboratory for Research at Lahore shall function as Reference
Fertilizer Testing Laboratory.
(2)
The samples collected from the areas of Lahore, Kasur
and Sheikhupura, Okara shall be supplied to, and analyzed by the Soil and Water
Testing Laboratories for Research at Gujranwala and Faisalabad respectively.
Sub-clauses (6) & (7) added vide Notification No. STO (PSB) 3-2/90, dated
18.02.2003 which were re-numbered vide Notification No. STO (PSB) 32 /2003,
dated 01.12.2004
[[8]]
21. Despatch of sample for test or
analysis in the laboratory:- (1) Samples of fertilizers for test or
analysis shall be sent to the Agricultural Chemist of the Laboratory in sealed
packet, together with copies of the memorandum in Form-I placed in an outer cover by registered post
or through a special messenger.
(2)
The packet as well as the outer cover shall be marked
with a distinguishing number.
(3)
A copy of the memorandum in Form-I and a special
impression of the seal used to seal the packet shall be send separately by a
registered post or through a special messenger to the Agricultural Chemist.
(4)
On receipt of the packet, it shall be opened by the
Agricultural Chemist or an officer authorised in writing in this behalf by him,
who shall record the condition of the seal on the packet. [[9]]22.
Report of result of analysis:- (1) After the test or analysis have been
completed, the Agricultural Chemist of the laboratory shall forthwith supply to
the Controller a report in triplicate in prescribed form of the result of the
test or analysis, together with the test method applied.
(2)
The report of the test or analysis shall be signed by
the Agricultural Chemist himself
[[10]]{
and such report shall be conclusive proof of the particulars stated therein;
and }
(3)
The Controller shall deliver one copy of the report
received by him to the person from whose possession the sample was taken and
shall send one copy to the Director Soil Fertility, Punjab, Lahore.
[[11]]
(4) The person to whom the report has been delivered under sub-clause (3) may
challenge the correctness of the analysis conducted by the Agricultural Chemist
within thirty days of the delivery of report to him before the Additional
Secretary (Task Force), Government of the Punjab, Agriculture Department, and
produce such evidence which in his opinion contravenes the correctness of such
analysis
(5)
Where the evidence produced under sub-clause (4) is
such as in the opinion of Additional Secretary justified a further
investigation, he may cause it second portion of the same sample to be analyzed
at the Reference Fertilizer Testing Laboratory
(6)
After analysis of the sample, the Reference Fertilizer
Testing Laboratory shall report the result of test or analysis and such report
shall be conclusive evidence of the facts stated therein
(7)
The Reference Fertilizer Testing Laboratory shall send
the copy of test or analysis to the Controller concerned.
[[12]]23.
Printing & Labelling:- (1) The package or container of fertilizer shall
be such as is suitable for its storage and transportation and shall be such as
material which does not adulterate or deteriorate the fertilizer.
[[13]]
(2) Omitted
(3)
No person shall sell or offer for sale or hold in stock
for sale any fertilizer or the material mentioned in sub-clause (4) of Clause
(18) unless it is labelled.
(4)
The following information shall be printed
conspicuously, legibly and indelibly on the containers, bags or packing stored
or offered for sale:-
(a)
name of fertilizer;
(b)
name and address of the manufacturer, formulator and
distributor
(c)
net weight and contents; and
(d)
registration number
(f) analysis of
the material by percentage of the nutrient element (s).
By order of the Governor of the Punjab SYED
MUNIR HUSSAIN, S.Q.A., C.S.P.
Secretary to Government of the Punjab,
Industries and
Mineral Development Department.
PUNJAB FERTILIZER (CONTROL) ORDER, 1998
FORM- I
I do hereby certify that
accompanying is a sample of Fertilizer taken by me on ______________at
_________________
( Specify full address) from
stock incharge of _________________________________
( State name & address of
importer / manufacturer / dealer) in the presence of
___________________________________________________________________
( State name & address of witness). The following
further particulars are given :
|
1. Name & brand of
fertilizer
|
___________________________
|
|
2. Name of the manufacturer
|
___________________________
|
|
3. Marks or number of
packing
|
___________________________
|
|
4. Information given on
containers
|
___________________________
|
5.
Distinguished No. or Marking of sample ___________________________
6.
Quantity of samples ___________________________
7.
Impression of Seal as on sample ___________________________
8.
Other particulars (if any) ___________________________
Signature of witness
_______________ Signature of Controller
with seal __________
Place
________________________________________________________________ Date
_____________________
Signature of the dealer / importer / manufacturer
[1] Inserted &
Described vide Notification No. SO (ECB)
Ferti.-73 (1) dated. 12.03.1999 2 Inserted vide Notification No. STO
(PSB) 03-02/90, dated 18.02.2003
[2] Substituted vide
Notification No. SO (EAB) 7-77/74, dated 01.06.1977.
[3] inserted vide Notification
No. SO (ECB) Ferti-73 (I) dated 12.03.1999 5 Added vide
Notification No. STO (PSB) 3-2/2003, dated 01.12.2004.
[4] Clauses (1)-(4) in para 18
substituted vide Notification dated 12.03.1999
[5]
Substituted vide Notification dated, 01.12.2004
[6] Inserted vide Notification
dated. 01.12.2004
[7] Inserted vide Notification
No. STO (PSB) 3-2/2003, dated 01.12.2004 10 substituted vide
Notification dated 01.12.2004
[8] substituted vide
Notification SO (ECB) Ferti-73 (I) dated 12.03.1999
[9] Added vide Notification
dated 12.03.1999
[10] inserted vide
Notification dated 01.12.2004
[11] Clauses (4) to (7) in
para 22 added vide Notification dated 01.12.2004
[12] Para 23 substituted vide
Notification dated 01.12.2004
[13] Clause (2) Para 23
omitted vide Notification No. STO (PSB) 3-2/2003, Dated 27.08.2005
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